ALOK SHANKER PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed against the order passed by the Monopolies and Restrictive Trade Practices Commission, New Delhi (hereinafter referred to as "the Commission") dated 13.9.2004 in C.A. No.193 of 2001.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The case of the appellant is that after applying for a flat under the "Indira Puram Housing Scheme" in the year 1994, a reservation letter dated 30th March, 1994 was received by him and he was asked to pay seven installments on the specified dates. The amount as well as the dates on which the installments were to be paid was mentioned therein. The applicant started paying the installments as demanded. Subsequently, he opted out for a HIG flat, which was also allotted to him vide letter dated 17th May, 1994. No additional demand was asked for in the second letter. The installments were duly paid as demanded. Thereafter, nothing was heard from the respondent side for almost five years. After finding that there is no likelihood of the flat to be made available to him in the near future, the applicant was left with no alternative but to demand his amount paid along with interest at the rate of 21% per annum. The amount was refunded to the applicant in the year 2001 without any interest as asked for. The applicant thus suffered losses on account of unfair trade practices adopted by the respondent, hence he sought compensation from the respondent by filing an application under Section 12B of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as "the Act").